Well I think you have good grounds - but I'm not the District Judge at your local county court which is where I fear this will end!

I've a feeling that there is a "stated case" which says you can't claim compensation for loss of enjoyment (eg not having the atmosphere of the pool games or the frustration of going all through the holiday waiting for their reply) but there ought to be grounds for loss of an advertised service which you have paid for, especially since TC should have known about it in advance.

And do try to find TC customers from other countries or customers of other British operators and see who knew what and when. Any evidence that TC told their German/Dutch/Scandinavian customers but not the British will be useful as would evidence that another British operator knew what was happening. Get names, address, email and photocopies of anything they've got in writing.

Hi Steve,
just to clarify. the address I was given by Thomas Cook differs from the one you gave, (although the same postcode), Here's the one they gave me:
Thomas Cook Retail Park
15 Coningsby Rd
Bretton
Peterborough
PE3 8SB

In addition, reading what you say about 'loss of enjoyment is no grounds for compensation'. What the hell do we go on holiday for? If we buy a holiday based on the fact that the brochure says there is a main pool, (all year round), and daytime activities including waterpolo etc then we don't get that, surely we are entitled to have some refund. What's the difference between that and an electrical retailer selling goods with bits missing?

Smurfitt if you find when you get there that the pool is out of use for part or all of the time and your tour operator never alerted you to this fact even though it must have been known (as opposed to a unanticipated break down of the pool system), then I would say you have a rock solid case for receiving a part refund. You have further back up in that friends from another country were notified of this and offered full refund if they didn't like the alternative option of bus rides to another hotel.

I can't really understand why your TO is denying that there is a problem yet a dutch travel firm sees this as being such a problem they are prepared to give out refunds. Something just doesn't match. Of course, without your TO confirming the situation with the pool you can't get a refund so you have no choice but to travel as planned. Do keep us posted on what happens.

Yesterday I phoned T. Cook 4 times on 3 different numbers for customer services and operations!
I kept getting a message saying 'all our agents are busy, please try again later'. When I did manage to get through the adviser said as per my conversation with c. services on 10/05/08, operations would be in touch before 9pm. This did not happen so I emailed the adviser and asked for an update. she replied saying she was still waiting for operations to get back to her. I have since sent her another email stating I have sent a letter of complaint via recorded delivery to T. Cook HQ.
Funny thing is, I haven't even received my tickets yet but I do have invoices and confirmation in writing.

Smurfitt

looking at the two addresses I'd say it's just a different way of writing the same thing. The version I gave was lifted from the legal page of their website. To be honest, anything addressed to "Thomas Cook HQ Peterborough" would reach the building just as quick because it's such an important address in Peterborough, but that would send the wrong message to those receiving it. Bear in mind that they probably receive thousands of complaints and will have a system for ignoring them, so your letter needs to stand out.

I agree with what you say about paying to have a good time but as I said - I'm not the Judge! When I started action against MyTravel last year they refered to a stated case of Lucas v. Avro where someone had tried to sue for distress/ loss of enjoyment and had been turned down. In my case I wasn't actually claiming that so it wasn't relevant. Actually this would compare to electricals in a way. Say you bought something as a Christmas present and it didn't work. You'd get back the money you'd paid but nothing for spoiling Christmas Day. In your case you have paid for the pool package (that would have a commercial value) so if you don't get it then you ought to get that money back. But since they can't put a value on the fun that is missing, or the tedium and inconvenience of the bus shuttle you have difficulty asking for cash for it.

I get your drift about the comparison Steve but the fact that T. Cook has not informed me or responded to my enquiry, it did not give me the opportunity to change to another hotel, resort or even country!
As said previously, 4 days ago there was no availability left in Playa Del Ingles for AI or even half board so further delay in telling me is going to give me even less options of alternative holidays.
I have kept the emails sent to & from T. Cook customer services where on 10th May it states that their operations will call me on either of the two numbers I provided. I have not heard from them yet, so pretty poor service eh? And they can't say they tried calling me because my mobile is Gov't issue and all calls are monitored.
I also have a printout of the hotel's website which clearly informs about the pool.
I find it pretty strange that if work started a couple of weeks ago the hotel would not inform the tour operators but even more weird is that T. Cook reps did not notice an empty pool and a great big digger in the middle when they were showing new guests around the hotel grounds????

best of luck but bear in mind that this is the way that TC do business, it isn't a specific problem with your booking or this hotel. Just look at this new thread http://www.holidaytruths.co.uk/viewtopic.php?f=49&t=118697 for another example. They will rely on you not being able to obtain sufficient documented evidence of their mistake to mount a court case. I say mistake because there is a piece of law to help you with that whereas treating your customers like rubbish isn't covered by any specific legislation (otherwise most of the TOs would go out of business!)

But if the Tour Op has been given the info that the pool will be re-opened on 26 May and that is before smurfit is travelling, then they will see no need to inform them.

If however, he is travelling before the pool is scheduled to re-open - they should advise them before their departure with the facilities that are being offered by the hotel.

It may well be that the holiday will only be affected for a day or so - but all that depends on the date for the completion of the work being achievable.

I go on 24th May, hotel site says pool will re-open on 26th but my Dutch friends have been told by their TO (Tui) that it is more likely to be mid-June.
Bearing in mind that work has been going on for 2 weeks you would think they would have advised me the same and at least offered me the opportunity to change hotels. However, they haven't even acknowledged that there are any issues with the pool or work going on and it's too late to offer me an alternative when there is nothing of the equivalent available.
Even 2 days of having to scoff down breakfast, pack a bag and cart around air beds etc and catch an hourly scheduled bus is inconvenience in itself but I dread to think what it will be lie at the sister hotel who is apparently catering for us lor around their pool. If there are any sunbeds left I doubt the clients staying at that hotel will be too friendly towards us if they are denied one due to overcrowding.